RECON Online Working Paper 2010/24

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Non-Contractual Liability for Breaches of EU Law 

The Tension between Corrective and Distributive Justice

Raúl Letelier (Alberto Hurtado University, Santiago)

Abstract

Corrective justice has been one of the most common arguments for justifying the aim and funtion of non-contractual liability for breaches of EU law. According to this approach, that liability is a mechanism to recompose the state of the art of an order composed of rights, liberties and duties, after some of its rules have been infringed. This paper examines the premises of that reasoning proving that the lack of clarity on how these premises are settled makes corrective justice explanation difficult to maintain. Instead, it shows that distributive justice criteria will be considered as an essential element of state liability in the EU sphere.  

Keywords

European Court of Justice – European Law – Non-Contractual Liability

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